R v Ak
[2014] ACTSC 217
•15 August 2014
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v AK |
Citation: | [2014] ACTSC 217 |
Hearing Date: | 15 August 2014 |
DecisionDate: | 15 August 2014 |
Before: | Penfold J |
Decision: | See [9] to [11] below. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – juvenile offender previously sentenced for aggravated robbery – sentence suspended subject to good behaviour order with condition of supervision by Youth Justice – offender in custody after breaches of directions given by Youth Justice supervisor – offender granted bail to attend residential rehabilitation but absconded after a few hours – offender again remanded in custody – no re-offending and no drug abuse after absconding – offender re-sentenced, last five months of sentence to be suspended after further time in custody – good behaviour order made with condition requiring Youth Justice supervision. |
Legislation Cited: | Crimes (Sentence) Administration Act 2005 (ACT) |
Parties: | The Queen (Crown) AK (Offender) |
Representation: | Counsel Mr K Lee (Crown) Ms K Bolas (Offender) |
| Solicitors ACT Director of Public Prosecutions(Crown) Kim Bolas Criminal Law (Offender) | |
File Numbers: | SCC 239 of 2012 |
Publication Restriction: | Offender’s name and identifying features |
On 3 September 2013 I sentenced AK for an aggravated robbery committed in November 2012 at a supermarket in Wanniassa, to 18 months imprisonment. The sentence was backdated slightly, and was to run partly concurrently with, and partly accumulated on, an earlier sentence of 20 months imprisonment imposed for an earlier aggravated robbery.
The sentence was suspended from 17 March this year, at which point the earlier aggravated robbery sentence had been completed, and AK then became subject to a two‑year good behaviour order, with conditions to accept Youth Justice supervision and obey all reasonable directions of his Youth Justice supervisor, including by undertaking counselling, courses, programs or treatments as directed, especially in relation to alcohol and other drug abuse.
Youth Justice gave AK a series of directions about the supervision, his behaviour, where he was to live, and his attendance three days a week at a Police Citizens Youth Club (PCYC).He was also given several directions to attend urinalysis.
By April this year, Youth Justice had prepared a breach statement of facts, alleging failures in relation to AK’s obligation to live at his mother’s house, failures to attend the PCYC program and failures to attend for urinalysis. By May AK was back in custody.
At a hearing on 14 May this year AK admitted the breach, and there was discussion about an application for a place in Ted Noffs House. A sentence hearing set for 1 July before me had to be adjourned because of a jury trial that had run over, but on 9 July AK was granted bail to attend Ted Noffs. Unfortunately, he stayed there only a few hours before absconding with a girlfriend.
AK was arrested a couple of weeks later, and expressed some relief at being back in custody. He claims that during his time at liberty he did not re-offend or take drugs, and certainly after being re-arrested he produced a negative result to urinalysis.
AK has now spent 79 days in custody since being released in March, and so there will be little more than seven months left on his current sentence. The option of requiring him to serve all that remaining time, and to finalise this matter completely, has its attractions, but it has the disadvantage that it would deprive AK of any further supervision, and the support that should go with supervision, after his release. It also seems to me not to be the best way of taking account of the particular principles relevant in sentencing young offenders, especially the importance of focusing on their rehabilitation.
AK is still only 16. I have addressed his background and circumstances in previous sentencing remarks and do not see any need to go into details again today, but there is no doubt in my mind that he will need support and supervision for a while yet. For that reason I propose to give him one more chance of release on a good behaviour order, in the hope that he has done a bit more growing up and that this time he will manage to continue with his currently expressed determination to abstain from drugs, to seek an apprenticeship, and to get his driver licence. I note that his mother is currently willing to have him back at home yet again; however, I do not propose to provide for an immediate release.
AK, please stand. I note your conviction for aggravated robbery that was recorded on 3 September last year, and the admitted breach of the good behaviour order attached to the suspension of the 18‑month sentence for that offence. I cancel the good behaviour order and re-sentence you to 18 months imprisonment, backdated to 27 September 2013 to take account of time served before your release under the good behaviour order and the time you have spent in custody since that release. That sentence would now expire on 26 March 2015, if you were to serve it all straight through from now.
10. Instead, the sentence will be suspended with effect from 27 October this year, so in about another two and a half months, leaving five months still outstanding, and I now order you to sign an undertaking to comply with your good behaviour obligations under the Crimes (Sentence) Administration Act 2005 (ACT) for a further eight months after you are released. At that point you will have five months still to serve and an eight‑month good behaviour order, so if you can actually keep out of trouble for eight months you will be home free.
11. The good behaviour order is subject to the conditions that:
(a)you accept the supervision of ACT Youth Justice and obey all reasonable directions of your Youth Justice supervisor; and
(b)you undertake such counselling, courses, programs or treatments as directed by your supervising officer.
12. I will not make a specific order to this effect but I will recommend, having regard to Ms Bolas’ submissions, that Youth Justice consider whether the programs that they are directing you to are the most culturally appropriate ones, or whether there are other options that might engage you more. But AK, I should make it clear to you, that recommendation is not intended to give you any kind of an excuse for not complying with whatever it is that your Youth Justice supervisor directs. They will give you the directions, and you will comply with them if you want to stay out of custody for the last five months of your sentence. You know the routine well enough by now.
13. You will sign that good behaviour order at some stage, possibly today, but it will not cut in until you are released in October. This time when you are released you need to actually do what Youth Justice tells you, and how well you comply will determine whether you are able to spend this Christmas at home – you will have basically, from when you are released, only two months to behave yourself to guarantee being at home for Christmas – or whether you find yourself back in Bimberi for your third Christmas. It is really up to you.
| I certify that the preceding thirteen [13] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Justice Penfold. Associate: Date: |
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